Study On The Admissibility Of Evidence In The Criminal Litigation

Considering the justice and efficiency of litigation,Law must interpose restrictive condition to the evidence entering court hearing range. The competence or admissibility of the evidence is the criterion that must be satisfied before the evidence comes to the court and demonstrates the judicial nature of evidence in litigation, which makes it become the core of evidence law.First, proceeding from the basic definition of admissibility, by the comparing of this pair of important law category admissibility of evidence and the weight of evidence, the author has revealed the cognitive mistake area to the judging standard of admissibility and admissibility of evidence made by theoretical code, It requires grasping litigation testified regulation accurately and knowing the reality of Chinese judiciary thoroughly to define the essence of admissibility of evidence judging standard is judging the mission of evidence observation before the trial. The reality about criminal action in Our country has decided the judging standard of our country's criminal admissibility of evidence: Relevancy is the basic of admissibility of evidence, legitimacy is the core of evidence.Second, although there are more different between the mode of two fundamental laws handling admissibility of evidence, There still exist some common character law and the two are and tending to be similar and harmonization and we ought to use the cream in whose evidence ability system for reference. The author has introduced the current situation of the two, representative country USA and Germany's criminal admissibility of evidence system in the two fundamental laws and comparatively analyzed the difference in two country's specific system and pattern and revealed the common law and the harmonization trend of the admissibility of the evidence in the two fundamental law country: The two fundamental laws all changed to"legalization and judging"system mode along contrary direction in the method of work on evidence ability problem, and admissibility system mainly includes two parts of content: one ,a large amount of admissibility rules has been stipulated by passing legislation or legal precedent ;Two, the application of admissibility rules are set up, and subject of the admissibility of evidence judgment, testify system and relieve procedure are carried out stipulation.Third, the criminal admissibility of evidence system has the function that formulate court-trial directly, control investigation and observation charge indirectly, restrict judicator's discretion, restrain common power, prevent a defendant from being treated impartially, remove flimsy evidence, prevent the judge's unfair treatment, save judiciary cost and avoid legal action being delayed and so on. In face of the problems existing in legislation and practice, we need to think the way to solve problems deeply. There is indeed a necessity to construct the admissibility of evidence system in our country, starting from following by legal action testify property, improving the quality of judge team, optimizing criminal action structure and reforming court hearing way.Last, structuring our country's admissibility system ought to keep a foothold in country's fundamental reality, considering our country's legal action mode and law tradition sufficiently and preceeding with priority and by stages on the basis of original evidence regulation. And attentions should be paid to the pragmatism and maneuverability of the admissibility system built, under the above-mentioned guiding ideology, the admissibility system that we structured should include admissibility rules system and application of admissibility two parts: The first part is criminal admissibility rules system which includes relevancy rules, Hearsay Rule, Privilege Rule, Opinion Rule and Exclusionary Rules; The second part is the application of admissibility rules. The problems relating are the set up of the application of admissibility rules, the subject, the provement, the relief of the application of admissibility.